(영문) 창원지방법원 2017.02.09 2016노2736 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.02.09 2016노2736

특수상해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing a crime of special bodily injury.

B. The punishment of each of the judgment below (the judgment of the court below No. 1: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment below, and the court decided to hold the above appeal together with other appeals cases.

Each of the crimes committed by the lower judgment convicting the Defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Therefore, the lower judgment is no longer maintained in this respect.

However, despite the above reasons for reversal of authority, the defendant's assertion of mental disorder is still subject to the judgment of this court, and this is examined.

3. We examine the argument about mental disorder. According to the evidence duly adopted and examined by the court below, the defendant is deemed to have served alcohol at the time of committing the crime of special bodily injury, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions, and thus, the defendant's assertion is without merit.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the defendant's unfair argument of sentencing.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of the judgment of the court below.

참조조문

-형법 제37조

-형법 제38조 제1항

유사 판례

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-대전지방법원 2017.04.13 2016노2570

-수원지방법원 2018.03.23 2017노8575